Text: H08813                            Text: H08815
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8814

Amendment Text

PAG LIN
  1  1    Amend House File 2513 as follows:
  1  2    #1.  Page 5, by inserting after line 9 the
  1  3 following:  
  1  4                      "DIVISION ___
  1  5                      HAGGE REFUND
  1  6    Sec. ___.  Section 422.73, Code 1997, is amended by
  1  7 adding the following new subsection:
  1  8    NEW SUBSECTION.  3.  Notwithstanding subsection 2,
  1  9 a claim for refund of individual income tax paid for
  1 10 any tax year beginning on or after January 1, 1985,
  1 11 and before January 1, 1989, is considered timely if
  1 12 filed with the department on or before October 31,
  1 13 1998, if the taxpayer's claim is the result of the
  1 14 unconstitutional taxation of federal pension benefits
  1 15 based upon the decision in Davis v. Michigan
  1 16 Department of Treasury, 489 U.S. 803, 109 S. Ct. 1500
  1 17 (1989).
  1 18    A taxpayer entitled to a refund of tax paid under
  1 19 this subsection shall receive an amount equal to one
  1 20 hundred percent of the refund without interest.  The
  1 21 claim for refund shall be filed separate from any
  1 22 income tax return and shall not be allowed as a credit
  1 23 for income taxes owed.  A claim shall be filed between
  1 24 the effective date of this division of this Act and
  1 25 October 31, 1998.  An extension for filing shall not
  1 26 be allowed and claims disallowed on the basis of
  1 27 timeliness shall not be allowed upon appeal to any
  1 28 other state agency notwithstanding any other provision
  1 29 of law.
  1 30    The claim for refund shall be made on claim forms
  1 31 to be made available by the department.  In order for
  1 32 a taxpayer to have a valid refund claim, the taxpayer
  1 33 must supply legible copies of documents the director
  1 34 deems necessary to show entitlement to the refund,
  1 35 including but not limited to income tax forms and W-2P
  1 36 forms, which will establish the state income tax that
  1 37 was paid on the federal pension benefits for the tax
  1 38 years in question.  The burden of proof is on the
  1 39 taxpayer to show that the claim for refund is valid.
  1 40 Estates are not entitled to file a claim for refund
  1 41 under this subsection, except a spouse of a deceased
  1 42 taxpayer who was the spouse of the taxpayer when the
  1 43 unconstitutional tax was imposed may file a claim for
  1 44 refund without reopening the deceased taxpayer's
  1 45 estate.  If a taxpayer has filed a claim under this
  1 46 subsection and subsequently dies before receipt of the
  1 47 refund, the taxpayer's estate is entitled to receipt
  1 48 of any valid refund claim.
  1 49    The department shall make a reasonable attempt to
  1 50 notify individuals who are entitled to a refund under
  2  1 this subsection.
  2  2    Sec. ___.  EFFECTIVE DATE.  This division of this
  2  3 Act, being deemed of immediate importance, takes
  2  4 effect upon enactment."
  2  5    #2.  Title page, line 5, by inserting after the
  2  6 word "credits," the following:  "allowing certain tax
  2  7 refunds for income tax paid on federal pension
  2  8 benefits,".  
  2  9 
  2 10 
  2 11                               
  2 12 MYERS of Johnson 
  2 13 HF 2513.303 77
  2 14 mg/cf/28
     

Text: H08813                            Text: H08815
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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